What is a non-solicitation agreement?
It is a contract that stops someone, usually a former employee, contractor, or business partner, from approaching an Australian business's employees or clients for their own benefit.
Employment & HR
Non-Solicitation Agreement
Generate a non-solicitation agreement that restricts poaching of staff or clients, drafted to meet the restraint of trade and reasonableness requirements applied by Australian courts.
- Create an employee non-solicitation agreement
Create a non-solicitation agreement between [Employer Name] and [Employee Name] that stops the employee from soliciting company employees or clients after they leave, drafted as a reasonable restraint of trade under Australian law.
- Create a customer non-solicitation agreement
Create a non-solicitation agreement between [Company Name] and [Contractor/Partner Name] that restricts them from approaching [Company Name]'s customers for a set period after the relationship ends.
- Create a partnership non-solicitation agreement
Create a non-solicitation agreement between [Partner A] and [Partner B] that prevents either partner from soliciting the other's staff or clients if the partnership ends.
Non-Solicitation Agreement Generator (Australia)
A non-solicitation agreement stops a former employee, contractor, or business partner from poaching an Australian business's staff or clients for their own benefit. This free Australian non-solicitation agreement generator produces employee, contractor, and partnership versions, drafted so the restriction is reasonable in scope, duration, and geography, which is how Australian courts assess whether a restraint of trade clause is enforceable rather than void as an unreasonable restraint. It is designed for Australian employers, business owners, and partners who want to protect their workforce and client relationships when a relationship ends. The generator lets you set the length of the restriction, define which staff or clients are covered, and tie the restraint to a legitimate business interest. Use it to reduce the risk of losing key people or clients while keeping the clause within limits an Australian court is likely to uphold.
Frequently asked questions
How is this different from a non-compete agreement?
A non-compete stops someone from joining or starting a competing business. A non-solicitation only stops them from poaching staff or clients, even if they work in an unrelated field.
How long does a non-solicitation restriction usually last in Australia?
Most last between 6 months and 2 years after the relationship ends. Courts are more likely to enforce shorter, clearly justified periods than open-ended restrictions.
Is a non-solicitation agreement always enforceable in Australia?
Courts assess it as a restraint of trade and will generally enforce it only if the restriction is reasonable in scope, duration and geography, and protects a legitimate business interest such as client connections or confidential information.
Can two Australian businesses agree not to poach each other's staff?
Businesses should be cautious with these "no-poach" arrangements. The ACCC has flagged that agreements between competing employers not to hire each other's staff can raise concerns under the cartel and anti-competitive conduct provisions of the Competition and Consumer Act 2010.
Can I combine a non-solicitation clause with a confidentiality agreement?
Yes, many Australian businesses include non-solicitation terms alongside confidentiality obligations in the same employment or contractor agreement.